WA Labor have indicated they will move forward with long promised reform to the state’s surrogacy laws if successfully elected to a third term of government.
Health Minister Amber Jade Sanderson has confirmed the government’s renewed commitment in a letter to local group Gay Dads WA. The reforms would not only update the state’s laws around surrogacy but would also improve access to IVF technology.
In her letter the Minister says the government is aware that many people have been disappointed in the lack of progress on the issue, especially members of the LGBTIQA+ communities.
“The Cook Government remains committed to supporting more Western Australians to start a family or expand their family with help from Assisted Reproductive Technology (ART) and Surrogacy.” The Minister wrote.
“If re-elected, the next Labor government will introduce the legislation as a priority, within the first half of 2025.” Sanderson said.
Speaking to the media, Sanderson said the current laws actually breached the state’s Equal Opportunity Act, and argued that Western Australia’s laws needed to be brought into line with the rest of Australia.
The commitment to change the laws was made prior to election of the McGowan government in 2017. The government attempted to change the legislation during their first term but were hit with strong opposition from the Liberal party with conservative MLC Nick Goiran delivering a filibuster speech that ran for over 12 hours.
Paul Hadfield, from Gay Dads WA, welcomed the government’s renewed commitment to change, but said the community needed to continue to raise the issue with local representatives. Hadfield has launched a website that allows people to indicate their support for the legislative change.
Speaking to 7News Perth Hadfield shared that he and his partner had created their family with two children by heading overseas to access surrogacy support, but Western Australian’s laws make it difficult for families and surrogate children when they return home.
“Trying to get a passport or renew a passport is incredibly difficult, and then there are knock on effects like superannuation, inheritance, or even given permission for your child to go on a field trip.” Hadfield said.
In a conversation with OUTinPerth Hadfield shared that he joined Gay Days WA after he and his partner became parents in 2021, the couple wanting to share their experience of being parents and also needing support from people in similar situation.
“There’s still a lot of discrimination when you’re a Gay Dad, whether it be dealing with schools, doctors or passports.” Hadfield said.
Brian Greig from LGBTIQA+ rights advocacy organisation Just.Equal congratulated Gay Dads WA on the progress of their campaign to get the laws changed, but noted that addresses IVF and surrogacy laws was just one of many long promised but not delivered reforms from the McGowan-Cook government.
‘I congratulate Gay Dads WA on its campaign and welcome the commitment from the Health and Mental Health Minister to end this discrimination within the first half of 2025, if re-elected.
”However, it should be noted that no-one from the Cook Government has given any timeframe commitments to other LGBTIQA+ reforms, including discrimination in faith schools (promised since 2016), banning conversion practices and outlawing hate speech – among other things.” Greig said.
”Fixing surrogacy laws is overdue, but it mustn’t be the easy ‘low hanging fruit’, that a re-elected Cook Government picks as a means to dodge or delay other more controversial reforms.”
Libby Mettam says she is personally opposed to reforming the laws
Liberal leader Libby Mettam has told the media that she voted against updating the legislation last time it was presented to parliament and is personally opposed to law reform in this area.
Mettam said the issue of improving access to IVF technology and reforming surrogacy laws would not be on the Liberal party’s agenda if elected to government.
A poll conducted by Red Dog Research in 2024 showed that 60 per cent of Western Australians were in favour of allowing male same-sex couples access to legal surrogacy. The poll was commissioned by Lawyer Marty Kavanagh whose firm has long advocated for changes to the laws.
